We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Diebold versus the Internet in the New York Times

There’s a long article in today’s New York Times about Diebold, the voting machine company, and their struggle to prevent internal emails about security weaknesses in their software getting around on the Internet. They’re arguing intellectual property. Their opponents argue “fair use”. First three paragraphs:

Forbidden files are circulating on the Internet and threats of lawsuits are in the air. Music trading? No, it is the growing controversy over one company’s electronic voting systems, and the issues being raised, some legal scholars say, are as fundamental as the sanctity of elections and the right to free speech.

Diebold Election Systems, which makes voting machines, is waging legal war against grass-roots advocates, including dozens of college students, who are posting on the Internet copies of the company’s internal communications about its electronic voting machines.

The students say that, by trying to spread the word about problems with the company’s software, they are performing a valuable form of electronic civil disobedience, one that has broad implications for American society. They also contend that they are protected by fair use exceptions in copyright law.

Hurry if you want to read all of it. NYT stuff seems to go behind a payment wall quite soon. They take their property seriously too, I guess. (By the way, is this NYT policy recent, or is it just me having only recently noticed it?)

The Audit Commission Report on Human Rights

What does the government have to say about “human rights”: the collective term for its concerns about civil liberties and the rights of the individual. The answer can be found in three departments: the Human Rights Department in the Lord Chancellor’s Officeand the Human Rights Policy Department at the Foreign and Commonwealth Office. The administrative distinction between these two departments lies in their location: the former is dedicated to the implementation in law of the European Charter on Human Rights and the latter is focused upon human rights as a strand within British foreign policy.

The latest Audit Committee Report on the implementation of the Human Rights Act for managers within local government is a good place to start examining how the law has become a byword for bureaucratisation and regulation. It also has a useful list of further governmental links. Although the traditional freedoms are all recognised in checklists and tickboxes, they are surrounded by a disciplinary atmosphere that has the potential to prohibit any actions considered offensive. Instead of applying common sense and guidance, this Report promotes a stifling conformity in the form of a “human rights culture” in order to avoid liabilities for not applying the law correctly.

By viewing human rights as a possible liability, institutions and the individuals who work within them will come to see civil liberties as a liability and a hindrance to their primary objective. Thus, the Human Rights Act will have the opposite effect to that intended: engendering a culture of compliance that observes the letter, not the spirit of the law, and bringing the actual purpose of the act, increasing the rights of individuals, into contempt.

Lie detection software for phone conversations

I did a posting yesterday on Transport Blog about how they’re now using lie detection software to monitor phone conversations from insurance claimants, to flag up potential liars, and then “give them the opportunity to change their story”. The result is a fall in insurance claims, and hence, presumably, potential cheaper car insurance.

I have a the overwhelming feeling that this procedure will bring bad news as well as good, in a White Rose Relevant way, when governments start using stuff like this for instance, as I dare say many have. But what form will this bad news take? I can’t think of any obvious badnesses, but I feel sure there are some. Comments please.

One suggestion. The insurance companies mentioned in this story are all saying at the start of their conversations that “this call is being monitored”, although I don’t believe they say straight out that this means a lie detection machine. Clearly others will not be so scrupulous, and will simply monitor all conversations and flag up what the machines says are lies, all the time. What are the White Rose Relevant implications of that?

On the face of it, I think I have the right to buy a machine that helps me decide whether I trust someone at the far end of a phone line. I could simply say “Is this a junk phone call?” every time I suspect it is, and if they say no but my machine goes “ping”, then down goes the phone. At present the danger is that with our own more fallible bullshit detection software that we all have in our brains, we do this to “real” phone callers who are merely a bit clumsy in identifying themselves, or whom we are a bit clumsy in identifying.

Presumably what makes this so much more usable now is that the kit has got a lot cheaper, and it supplies answers straight away, while the conversation is still going on.

Techo-food for thought here, I think.

Japanese internet cafe surveillance.

I am right now in the “Yahoo Cafe” airside in Terminal 2 at Tokyo Narita international airport, in transit on my way from London to Sydney. This internet cafe is absolutely free, and I have been using it for 45 minutes or so and nobody has asked me to stop. (There is a sign up saying that the cafe is there to advertise Yahoo and Toshiba – the computers are Toshiba laptops). This is great, partly because I always enjoy getting things for free without having to pay for them, and secondly because I do not have any Japanese money, and there are no cash machines airside. (Given the lack of enthusiasm that the Japanese have for credit cards, getting a beer is going to be harder).

However, there is a sign up outside the cafe stating that people who wish to use the cafe must provide their passports (or some equivalent form of ID) to be scanned or copied, so that use can be monitored. It is stated that “This request is in compliance with various Japanese laws”. As to whether this means that the laws require this, or whether they merely allow this, I do not know. It also says that people who do not wish to have their use monitored in this way should not use the cafe. (I will take a picture of the sign, and I will post it when I am in Australia. I could try to do it now, but the machine has no free USB ports. For reasons I will get to).

When I asked to use one of the computers, I handed over my (machine readable) passport, and my passport was actually scanned by a machine, which presumably read my passport number and other details electronically. I was then given an electronic key device, which I was required to plug into the USB port of the computer I want to use. Therefore, my internet use is being connected with my passport number.

I do not know if the “government regulations” require lead to things like happening at all internet cafes in Japan, or just those at the airport. However, I cannot imagine that this sort of system is very hard to subvert with the internet in present form. I am sure that actual criminals have no trouble using the internet anonymously, and that it is only normally law abiding people like me who get their use monitored. (I am almost tempted to go to a porn site to see if I am instantly thrown in a Japanese prison, but I rather doubt that would happen. For one thing, this is the land where people quite openly read pornographic comic books on the subway. They are rather more relaxed about this kind of thing than the Americans).

However, there are lots of proposals in place (justified in a lot of cases by fears of copyright violation) to build computer hardware in such a way that monitoring of this kind is ubiquitous and automatic for everyone everywhere.

However, it’s interesting and a little troubling to see that one government of a democratic and in some ways quite liberal country is trying to do it now.

Update: It is perhaps less sinister than that. I went to the bar for a little while, and I came back to the internet cafe. I was recognised and handed another USB key thingy without checking my ID again. As I doubt they remembered my name, it seems they are not matching internet use to actual people, but are merely checking ID. They could switch to matching very easily and without anyone noticing, of course.

Liberty groups attack plan for EU health ID card

Disturbing news in the Telegraph about the European Union taking its first step last week towards the creation of an EU-wide health identity card able to store a range of biometric and personal data on a microchip by 2008. Approved by Union ministers in Luxembourg, the plastic disk will slide into the credit-card pouch of a wallet or purse.

The European Health Insurance Card is intended to end the bureaucratic misery of E111 forms currently used by travellers who fall ill in other EU countries. Eventually it will replace a plethora of other complex forms needed for longer stays.

But civil liberties groups said it was the start of a scheme for a harmonised data chip that would quickly evolve into an EU “identity card” containing intrusive information off all kinds that could be read by a computer.

The European Commission confirmed that the final phase in 2008 would add a “smart chip” containing a range of data, including health files and records of treatment received.

The ultimate objective is to have an electronic chip on the card, as the technology improves.

Tony Bunyan, the head of Statewatch, said it was part of a disturbing Union-wide erosion of privacy since September 11 2001.

We all know where they’re heading with this. They want a single card with all our data on one chip. It’ll be a passport and driver’s licence rolled into one with everything from our national insurance numbers, bank accounts, to health records.

Yeah, I think he just might be on to something…

Villagers given speed guns to trap motorists

The Telegraph has an article about a roadside watch by local volunteers under fire.

Volunteers from villages, known as “speed watchers”, will use the devices at the roadside to identify speeding motorists before passing the information to the police. A senior police officer said the three-month pilot scheme at Milton of Campsie, near Glasgow, was a “local solution to a local problem”.

But motoring organisations, civil liberties groups and lawyers have criticised the idea on the grounds that there could be difficulties in providing acceptable evidence in court and that the system could be abused by people involved in disputes.

Well, it is a busybodies’ license to interefere further in people’s lives. When someone with attitudes such as Patrick Friel, the first person to be offered a speed camera, volunteers to ‘police local community’, I know the police are pandering to those with worst social instincts.

Everyone I’ve spoken to supports the use of the camera because something has to be done about speeding drivers.

Yes, and the way to do this is to help government impose more constraints on our daily lives.

Police recruit milkmen

The Telegraph reports that a police force is recruiting driving instructors, milkmen and delivery drivers to be its “eyes and ears” on the streets in response to criticism over lack of visible policing.

West Midlands police said that as “trouble spotters”, they will be urged to report crimes and traffic accidents, and will be issued with clipboards and asked to write down any activity they believe needs investigating.

Rising crime and paperwork for officers has meant that beat officers and roving patrol cars are seldom seen.

Twenty instructors have already joined the pilot scheme in Halesowen, which will be expanded across the force.

Technical problem

We are having some problems with the White Rose comments system (as in “it is completely buggered up” sort of problem). This has been caused by the installation of some comment anti-spam defenses over on Samizdata.net, which shares server space and some system resources with White Rose.

We hope to have the comments up and running again soon. Sorry for the inconvenience.

Update: Fixed! The comments are now working fine once again

Eyes under water

Coverage of surveillance in the Nov 2003 issue of National Geographic is summarised and accessed here.

The theme, a running meme here, is that because surveillance technology can do such good stuff, it will be installed, and then it can also do bad stuff.

Underwater surveillance, we are told, saved this man’s life:

On this particular day maybe the lifeguards weren’t paying as close attention as they should have been. Certainly they believed the trim, athletic LeRoy was not a high-risk swimmer.

But on this evening LeRoy was practicing apnea swimming – testing how far he could swim underwater on one breath – and at some point, without making any visible or audible disturbance on the water’s surface, he blacked out. The guards failed to notice as he stopped swimming and descended to the bottom of the deep end of the pool. With his arms crossed over his head and his feet twitching, he was unconscious and drowning. It would take him as little as four minutes to die.

Although the human lifeguards watching the pool were oblivious, 12 large machine eyes deep underwater were watching the whole thing and taking notice. Just nine months earlier the center had installed a state-of-the-art electronic surveillance system called Poseidon, a network of cameras that feeds a computer programmed to use a set of complex mathematical algorithms to distinguish between normal and distressed swimming. Poseidon covers a pool’s entire swimming area and can distinguish among blurry reflections, shadows, and actual swimmers. It can also tell when real swimmers are moving in a way they’re not supposed to. When the computer detects a possible problem, it instantly activates a beeper to alert lifeguards and displays the exact incident location on a monitor. The rest is up to the humans above the water.

Sixteen seconds after Poseidon noticed the large, sinking lump that was Jean-François LeRoy, lifeguards had LeRoy out of the pool and were initiating CPR. He started breathing again. After one night in the local hospital, he was released with no permanent damage. Poseidon – and, more precisely, the handful of French mathematicians who devised it – had saved his life.

And if the machines can see stuff like that, what else can they see?

Urgent action needed to head off a threat to internet privacy

Maria of Crooked Timber has posted this, warning that there are proposals afoot to oblige those who register domain names to give lots of personal information.

Here is a clip from Maria’s post:

Next week the body that oversees the technical co-ordination of the internet, ICANN, meets at Carthage in Tunisia. The top item on the agenda, for anyone who cares about privacy and freedom of expression, is the WHOIS database. This is the set of data of domain name owners which was originally collected so that network administrators could find and fix technical problems and keep the internet running smoothly.

Of course no collection of personal data can remain long without various interests campaigning to open it up to a variety of unintended uses. In this case, those interests include IP rights holders, law enforcement, oppressive regimes, stalkers, and of course spammers.

While the first two groups have some legitimate interests in this data [Some of us here might disagree re law enforcement – NS], the others clearly do not. (I have blogged before about the unholy alliance of law enforcement and IP holders on this issue.) But instead of pushing for proportionate lawful access requirements, the latter are demanding that the entire database be policed for accuracy and published on the internet for all to see. Which means that if A.N. Other wants to publish a website, he/she must be content for his email and postal address to be made completely public. There are plenty of good and legitimate reasons to want to publish a website anonymously (and you don’t have to be a Chinese dissident to think of them)…”

The rest of the post includes some sample letters to the bods at ICANN. I am not sure I would sign up to every word in them, but it does look to me as if now might be a good time to register our protest.

Political Party Databases.

In Australia it is common for voters to receive letters from their political representatives, and these letters are becoming more and more sophisticated in targeting the interests of the individual voters.

The two major political parties are able to do this because they have established databases. The inner workings of the databases have been somewhat elusive, but Wayne Errington and Peter van Onselen have written an academic paper (warning- PDF file) on how these databases work. The implications for the privacy of voters are odious, especially considering the temptations for political parties in government to cross check their party databases with government ones.

I found this via Ken Parish, and check out the comments on his post where Wayne Errington makes some further good points about the database’s operation. He says the saving grace (so far) is that the political parties are actually rather slack in maintaining their databases; however, as time goes on, you can expect the party machines to become more professional in this matter.

Blair says: ID cards a question of cost

Guardian reports that the prime minister declared today that the only obstacles to a UK identity card were “cost and efficiency” and that arguments about civil liberties were outdated.

I think these arguments have gone far beyond the old civil liberty arguments about it and are really to do now with cost and efficacy. Can you get a cost-effective programme that is actually effective? That does what you think it is going to do.

Now that is where the debate is centred and I have an open mind on that but in principle I think it is right. It is not something I think that is considered completely noxious to do.